MT Smith, JK Williams t/as Harris Wheeler Lawyers v Mason

The case involves MT Smith, JK Williams trading as Harris Wheeler Lawyers, who are the appellants, appealing against a decision made by an Arbitrator in favour of the respondent, Mason. The dispute revolves around a workers' compensation claim under the Workers Compensation Act 1987. Specifically, it addresses whether Mason's journey, which deviated from the direct route between his workplace and home, was considered a periodic journey within the meaning of section 10 of the Act, and whether the deviation increased the risk of injury in a way that was material. The matter was heard in the Court of Appeal.

The central legal issues were whether Mason's journey, which involved a deviation to drop off his child at a school, could be classified as a periodic journey as defined in the Act. Additionally, the court had to determine if the deviation materially increased the risk of injury. The appellants argued that the deviation was not a periodic journey and that it did not materially increase the risk of injury, whereas the respondent contended that both conditions were met.

The court confirmed the Arbitrator's decision, holding that Mason's journey was indeed a periodic journey within the meaning of the Act. The court found that the deviation was connected with an employment purpose, specifically to drop off his child at school, and this was a regular occurrence. Furthermore, the court concluded that the deviation materially increased the risk of injury, as it added an additional journey segment that could potentially lead to an accident. The appellants were ordered to pay the respondent's costs of the appeal.